Discussion Paper: Strengthening Ontario's Trails …(Statistics Canada, 2010). Discussion Paper: Strength ening Ontario’s Trails Strategy 6 Environmental Benefits Trails can be an

Discussion Paper:

Strengthening Ontario’s Trails Strategy

Ontario.ca/

Discussion Paper: Strengthening Ontario’s Trails Strategy

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Table of Contents Introduction 2 Purpose of Consultation 3 Trails in Ontario 4

Why are trails important? ......................................................................................................... 5 Health Benefits ..................................................................................................................... 5 Economic and Tourism Benefits ........................................................................................... 5 Environmental Benefits ........................................................................................................ 6 Cultural Heritage Benefits ..................................................................................................... 6 Social and Community Benefits ............................................................................................ 6

Accomplishments Thus Far 8 Key Projects and Programs ...................................................................................................... 9

A New Urban Park and Waterfront Trail at Ontario Place ..................................................... 9 Ontario Heritage Trust’s Programs and Initiatives............................................................... 10 Ministry of Natural Resources’ Land Securement Program ................................................ 10 Secondary Land Use Program ........................................................................................... 11 Ontario Tourism Marketing Partnership Corporation ........................................................... 11

Key Policies, Strategies and Standards .................................................................................. 12 Ontario Great Lakes Strategy ............................................................................................. 12 Lake Simcoe Protection Plan ............................................................................................. 12 Biodiversity: It’s In Our Nature, the Ontario Government Plan to Conserve Biodiversity 2012-2020 ........................................................................... 13 Accessibility Standards for the Design of Public Spaces: Accessible recreational trails and beach access routes ...................................................... 14 Snowmobile Trails along the Provincial Highway Right-of-Way Policy ................................ 14 #CycleON: Ontario’s Cycling Strategy ................................................................................ 15 The Provincial Policy Statement ......................................................................................... 16

What remains to be done? 17 Ongoing challenges ............................................................................................................... 17

Liability ............................................................................................................................... 17 Trespassing ........................................................................................................................ 18 Protection of private and public property ............................................................................ 19 Conflict among trails users ................................................................................................. 20 Long-term public access to trails ........................................................................................ 20 Financial stability for not-for-profit trails groups .................................................................. 22 Support for trail planning, development and maintenance .................................................. 22 Need for new policies ......................................................................................................... 23

Opportunities .......................................................................................................................... 24 Promotion ........................................................................................................................... 24 Trails Tourism .................................................................................................................... 25 Water Trails ........................................................................................................................ 25 Research ............................................................................................................................ 25

Conclusion 26 Appendix A: Ontario Trails Coordinating Committee Membership ...................................... 27


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Introduction Ontario is home to the second largest network of trails in Canada, with over 80,000 kilometres spread out across the province (National Trails Coalition, 2010).

Trails connect communities and people to their neighbourhood and the environment. They provide people with places to hike, walk, run, ride, enjoy the outdoors and explore.

The Province of Ontario recognizes the importance of trails and in 2005 launched the Ontario Trails Strategy (Strategy). The Strategy was developed collaboratively with a wide range of stakeholders, as well as Aboriginal communities. The Strategy laid out a long-term plan for developing, managing, promoting and using trails across the province. At that time, the Province also made a commitment to review the Strategy to ensure it remained relevant over time.

Since then, trail groups, property owners, environmental and heritage organizations,

conservation authorities, public health units, municipalities, the tourism industry, Aboriginal communities and the Province have worked together to support trails. Together we have improved collaboration, increased the number and kilometres of trails, enhanced the trail experience and educated the public about trails.

The Province has implemented a number of initiatives that have impacted the trails community and contributed to the health and sustainability of Ontario’s trails. Some of these initiatives are outlined later in this discussion paper. Given these new initiatives, the time is right to revisit the Strategy to identify new opportunities to support the trails community; and work to address the challenges facing the trails community.

In a time of limited financial resources, the Province is seeking input and ideas that are not reliant on additional government investments. We, at the Ministry of Tourism, Culture and Sport have identified three objectives that will guide us as we revisit the Strategy:

1. Access: Ensuring trails are widely available, safe, and accessible for future generations (e.g. implementing the accessibility standards for the design of public spaces).

2. Awareness: Making Ontario residents aware of the economic, tourism, health, environmental, cultural heritage and community benefits of trails to encourage increased use.

3. Sustainability: Having a strong trails community, with the capacity to sustain trails, in an environmentally and socially responsible manner, over the long-term.


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Purpose of Consultation The Ministry of Tourism, Culture and Sport is seeking your input to help ensure that Ontario’s trails remain vital for years to come. We welcome your suggestions on how to remove barriers and take advantage of current opportunities.

In this paper, you will find:

• Information on the importance and benefits of our trails;

• An overview of what the Province has done and is doing to support trails across the province; and,

• A review of what remains to be done, with related questions that we would like you to consider.

Please submit your responses, comments and suggestions through the Environmental Registry at http://www.ebr.gov.on.ca/ (EBR Registry Number: 011-9565). Your input will help the Province, in collaboration with trail stakeholders, strengthen the Strategy.

http://www.ebr.gov.on.ca/


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Trails in Ontario Trails can be:

• footpaths with natural surfaces;

• multi-use tracks with manufactured surfaces;

• on-road bicycle routes;

• groomed and maintained off-road vehicle and snowmobile routes;

• walkways, boardwalks and sidewalks;

• utility corridors or former rail lines;

• multi-use trails on Crown land with natural surfaces in natural areas;

• forestry and mining access roads on Crown land designated as trails; or

• waterways and portage routes.

Trails are widely available in all regions, inexpensive to use and can be enjoyed by people of all ages including children, youth and seniors, as well as people with disabilities. Trails are found in urban, suburban, rural and remote locations. The majority of trail kilometres, approximately 60 to 70 per cent, are located in rural and remote areas (National Trails Coalition, 2010).

Trails are used for recreation, tourism and active transportation.1 Trails support a wide range of activities such as walking, hiking and running, in-line skating, cycling, horseback riding, cross-country skiing, snowshoeing, snowmobiling and dog-sledding, off-road vehicle riding, canoeing and kayaking. Some trails are single-purpose (e.g. hiking) while others are multi-purpose and intended for many different uses.

More than half of Ontario adults, 53 per cent, report using a trail at least once a year (Canadian Fitness and Lifestyle Research Institute, 2007). According to the Ontario Trails Council, approximately 840 not-for-profit trail organizations are involved in the planning, development, management and maintenance of Ontario’s trails.

1 Active transportation refers to any form of human-powered transportation, such as walking, cycling, in-line skating, etc.


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Why are trails important?

Trails provide health, economic, tourism, environmental, cultural heritage, social and community benefits.

Health Benefits

Trails play an important role in building a healthier Ontario. They support active lifestyles and provide everything from moderate to challenging exercise. Physical activity relieves stress and tension, and can help prevent obesity, heart disease, diabetes, osteoporosis and depression (Warburton et al, 2006). This aligns with the recommendations made by Ontario’s Healthy Kids Panel to combat childhood obesity. Trails also help build healthy environments and communities.

A recent Canadian Fitness and Lifestyle Research Institute report states that some Canadians believe that having more multi-use trails available within their own communities would increase their usage of trails.

As the population ages, participation in unstructured recreational activities such as trail-based walking, running and cycling is expected to increase. Given the number of seniors aged 65 and over is projected to more than double to 4.2 million by 2036 (Ontario Ministry of Finance, 2012), trails may become ever more important.

Economic and Tourism Benefits

Trails provide many economic benefits to Ontario and its communities. Trails stimulate economic activity by attracting local users, tourists, businesses that are associated with outdoor activities and regular recreational users. In communities, they benefit restaurants, local businesses, retail stores and accommodations.

Trails have proven particularly beneficial to smaller, rural, northern and remote communities. Rural trails often link to urban communities and provide economic development opportunities with regard to tourism and recreational activities.

In 2010, 7.4 million Canadian visitors participated in a trail activity during their trips to Ontario (Statistics Canada, 2010).


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Environmental Benefits

Trails can be an effective means of exposing people to the natural wonders of the province, thereby instilling appreciation and respect for the environment. Trails can provide place-based, sensory learning opportunities (e.g. through school field trips or natural heritage education programs offered in Ontario Parks). In addition, trails support active transportation as they enable energy-efficient, non-polluting modes of travel.

Maximizing the benefits of trails is dependent upon responsible planning, maintenance and use of trails, to ensure their environmental sustainability. Without careful planning and management, trail development and use may impact wildlife habitat.

Cultural Heritage Benefits

Trails connect people to their heritage by preserving historic places and by providing access to them. Some trails are cultural heritage landscapes or part of a larger

cultural heritage landscape, including historical railway lines, portage routes and roads. Many of Ontario’s trails link to historical or cultural sites and natural heritage landscapes. In addition, some trails occupy long-established Aboriginal routes (e.g. the Toronto Carrying Place Trail linking Lake Ontario to Lake Simcoe). Further, trails are often located in areas of archaeological potential.

Conservation of cultural heritage resources strengthens the link between a trail’s current and historical uses. It also helps to define a sense of place and reinforces local identity, enhancing trail user experience and capitalizing on cultural tourism potential.

Social and Community Benefits

Trails contribute to communities by making them more attractive places to live, work, play and invest. They can strengthen the social fabric of a community as they are open for all people, in all income brackets, all age groups and all cultures.


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A popular and well-managed trail can serve as a gathering place and a community focal point for special events. These activities can lead to greater interaction between residents and improve the cohesion of a community.

Trails bring people together and promote volunteerism. For example, the Bruce Trail Conservancy is supported by more than 1,000 volunteers (Bruce Trail Conservancy, 2013). Trail construction and maintenance build and solidify partnerships among community groups, businesses, property owners, local government and volunteers. Every trail contains elements of local character and regional influence and reflects the hard work, enthusiasm and commitment of individuals, organizations, elected officials and agencies.


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Accomplishments Thus Far The Strategy launched in 2005 outlined a coordinated approach among federal, provincial and municipal governments, not-for-profit organizations and the private sector to meet the challenges facing the trails community. These challenges will be discussed in greater detail, later in the document.

The Strategy included 52 strategic directions grouped into five key areas:

1. Improving collaboration among stakeholders; 2. Enhancing the sustainability of Ontario’s trails; 3. Enhancing the trail experience; 4. Educating Ontario citizens about trails; and 5. Fostering better health and a strong economy through trails (development).

Some progress has been made in each of these areas, but more work needs to be done. In 2006 the Ontario Trails Coordinating Committee (OTCC) was established to oversee the implementation of the Strategy. The OTCC includes a number of provincial ministries, agencies and other organizations which work together to support trails. See Appendix A for list of committee members. The OTCC has led the preliminary work that was done to investigate options to mitigate the challenges facing the trails community.

The Ministry of Natural Resources’ Geographic Information Branch works to support the Ontario Trail Network, a partnership created to collect recreational trails data across Ontario and integrate it into Land Information Ontario, a provincial government online warehouse for spatial data.

Additionally, the Province and the trails community continue to map trails across the province. Access to this information is available online, including through the Ontario Trails Council’s website.

The Province undertook a review of legislation affecting trails and off-road vehicle use to identify ways to reduce conflict among users.

Further, through a variety of different grant programs, the Province has supported local and regional trails projects across Ontario. Since 2009, the Province has invested over $77 million in trails and trail related programming.

In addition, provincial ministries have worked together to integrate government policy and programs and coordinate efforts related to trails. The following pages highlight some major initiatives that contribute to the health and sustainability of Ontario’s trails. These recent initiatives encourage the Ministry of Tourism, Culture and Sport to update the Ontario Trails Strategy at this time.

http://www.mnr.gov.on.ca/en/Business/LIO/index.html

http://www.ontariotrailsmap.com/ontariotrails.html?town=toronto

http://www.ontariotrailsmap.com/ontariotrails.html?town=toronto


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Key Projects and Programs

A New Urban Park and Waterfront Trail at Ontario Place

On June 26, 2013, the Province announced investment in a new urban park and waterfront trail at Ontario Place as the first step to revitalization. The Province plans to convert up to 3 hectares on the east island of Ontario Place into greenspace – an area previously used as a parking lot – with a waterfront trail leading to some of the site’s most picturesque views. This first step will help activate the site as a new public attraction and re-imagine the site’s role on the waterfront and its relationship to the city and the province as a new public space.

Residents and visitors will have an opportunity to reconnect with Lake Ontario with up to 800 metres of multi-use waterfront trail for walking, cycling and other forms of sustainable, active transportation – providing access to part of the waterfront that has been closed to the public for more than 40 years. The new trail will link to the existing 780-kilometre waterfront trail system. The Province is aiming to open the urban park and waterfront trail in time for the Toronto 2015 Pan/Parapan American Games, delivering early on a government commitment to partially open Ontario Place in 2017.

Building the park and trail delivers on an important part of the new vision for the site – to create a public park and easy public access to the waterfront. Both features were at the top of the majority of participants’ minds at the June 2012 public town hall meeting, and in the over 1,600 online submissions received since 2010. An urban park was one of the top three ideas for a new Ontario Place.

Public consultation continues to play a key role in revitalization efforts. This summer, the Province invited the public to submit their input on plans for the park and trail. Feedback will be shared with the landscape architect selected to design the park and trail. Once the landscape architect is selected, the public will have additional opportunities to provide input as part of the design phase.

Revitalizing Ontario Place into an iconic, world-class destination that offers increased access to green space and the waterfront supports the government's efforts to promote healthy and active living, strong communities and a more prosperous economy. For updates on the Ontario Place revitalization, visit their website.

http://www.mtc.gov.on.ca/en/ontarioplace/ontarioplace.shtml


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Ontario Heritage Trust’s Programs and Initiatives

Ontario Heritage Trust (OHT) is the Province’s heritage agency. The OHT is authorized to hold and manage property of recreational, natural and scenic interest and to acquire, hold and assign trail easements. The OHT’s property and easement portfolios include more than 7,580 hectares of environmentally sensitive land. A large proportion of the OHT’s properties have public trail systems.

The OHT works with 21 partners, including municipalities, conservation authorities and land trusts, to ensure the proper stewardship of its lands and public trail systems. One of the OHT’s longest standing partnerships is with the Bruce Trail Conservancy (BTC). Since the 1980s the OHT and BTC have secured 1,800 hectares of environmentally sensitive trail lands along the Niagara Escarpment including 116 properties and 15 easements. This amounts to over 130 kilometres of trails.

Similarly, through the Natural Spaces Land Acquisition and Stewardship Program, the OHT has secured and protected 42 provincially significant properties, all of which include public trails. The Ministry of Natural Resources supported the establishment of this program and continues to provide support in program administration.

In addition, in 2007 the OHT launched the Trails Open Ontario program to promote natural heritage tourism and conservation. In 2012, Trails Open activities were incorporated into the Trust’s Doors Open Ontario program. Doors Open events have included guided hikes, trail openings and workshops. Since its launch there have been more than 200 trail activities coordinated with 100 trail partners.

Furthermore, the OHT has erected seven trail-themed Provincial Plaques and has recognized numerous trail sector volunteers through its provincial recognition programs.

Ministry of Natural Resources’ Land Securement Program

Between 2006 and 2011, the Ministry of Natural Resources’ (MNR) Land Securement Program provided funding to conservation partners (e.g. Nature Conservancy of Canada, conservation authorities, municipalities, not-for-profit conservation agencies) to help permanently secure 11,500 hectares of conservation lands, which may have included trail properties. MNR no longer administers the Land Securement Program.


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Secondary Land Use Program

Photo courtesy of Jamie Bradburn

While the primary purpose of hydro corridors is for transmitting electricity, the Province may allow access to transmission corridor lands for secondary uses, including parks and trails. Access is provided through the Provincial Secondary Land Use Program (PSLUP). The PSLUP is administered jointly by Infrastructure Ontario and Hydro One Inc. It operates on the basis of the Public Use Principles, which give priority to public uses over private uses. Public and private parties are charged a nominal fee, maintenance and a portion of property taxes for the use of hydro corridors for non-revenue generating recreation uses such as trails.

As a result, many municipalities in Ontario have recreational licences for trails on hydro corridors. One such example is the Master Park Licence provided to the City of Toronto to create the new Finch Hydro Corridor and Gatineau Hydro Corridor trails. This is a part of a larger initiative to add 30 kilometres of new and 4 kilometres of upgraded off-road multi-use trails across the city.

Public bodies or private landowners can apply to use hydro corridor lands for public trails through the PSLUP. Hydro One is responsible for completing a technical review of the proposal. If Hydro One grants the proposed secondary use technical clearance, then Infrastructure Ontario is responsible for executing the appropriate agreement to facilitate the development of the trail (e.g. easement, licence, and/or land sale). For more information on the application process, visit Infrastructure Ontario’s website.

Ontario Tourism Marketing Partnership Corporation

The Ontario Tourism Marketing Partnership Corporation (OTMPC) collaborates with tourism partners and colleagues at home and internationally to develop and deliver integrated, research-driven marketing programs that reinforce Ontario as a strong tourism economy and a premier, four-season travel destination. As such, the OTMPC supports market ready trail tourism programs through its various marketing channels including print, web, online, social media, e-newsletters and travel media.

http://www.infrastructureontario.ca/Templates/Lands.aspx?id=2147484016&langtype=1033


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Key Policies, Strategies and Standards

Ontario Great Lakes Strategy

The Province released Ontario’s Great Lakes Strategy in December 2012. This Strategy guides Ontario’s future actions to protect the Great Lakes, including promoting sustainable use and enjoyment of Great Lakes’ resources. It builds on Ontario’s current Great Lakes protection and restoration efforts in existing legislation, programs and partnerships, and aims to enhance collaboration among the many Great Lakes partners. Its goals include empowering communities to play a role in protecting the lakes and partner on sustainable coastal recreation and tourism developments, such as trail systems that link communities and support local economies through walking, cycling and other trail activities.

The multi-ministry Great Lakes Strategy contains trail-related actions to:

• Promote sustainable coastal recreation and tourism developments (e.g. parklands, beaches and trails) and activities associated with the lakes and their waterfronts and coasts.

• Continue to promote sustainable waterfront trail systems that link communities and support local economies around the Great Lakes through walking, cycling and other trail activities.

• Support cycling tourism for exploration of local communities while providing significant contributions to local economies located along the waterfront trails of the Great Lakes and the St. Lawrence River coasts.

• Help people re-connect and enjoy the Great Lakes through local initiatives such as promoting and developing coastal and riverside trails and participating in wetland protection and restoration.

Lake Simcoe Protection Plan

The Lake Simcoe Protection Plan was developed with the help of watershed protection scientists, many local people, and groups including the Lake Simcoe Region Conservation Authority, Chippewas of Georgina Island First Nation, municipalities, agricultural and conservation groups, developers, and tourism and recreation operators.

The plan is a model for integrated watershed planning to restore the health of the lake. It focuses on Lake Simcoe’s most critical issues, including the health of fish and other aquatic life, water


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quality and phosphorus reductions. It also addresses protecting and rehabilitating important natural areas such as shorelines, water quantity stresses, and the impacts of invasive species, climate change and recreation.

One of the objectives of the Lake Simcoe Protection Plan is to “improve conditions for environmentally sustainable recreational activities related to Lake Simcoe and to promote those activities”. The Province continues to work with municipalities, recreation and tourism industry representatives and associations to implement policies aimed at improving conditions for environmentally sustainable recreation. These policies ensure public access to the lake is maintained when approving a development, and also ensure that development and site alteration within 120 metres of shorelines is integrated with existing parks and trails to the extent possible.

Biodiversity: It’s In Our Nature, the Ontario Government Plan to Conserve Biodiversity 2012-2020

Biodiversity: It’s In Our Nature was released in December 2012 and outlines the Province’s commitment to biodiversity by setting out how 16 government ministries will work toward realizing the vision, goals and targets of Ontario’s Biodiversity Strategy 2011.

The Plan provides the basis upon which ministries will work individually, collaboratively and with partners to engage people, reduce threats, enhance resilience and improve knowledge to advance the conservation of biodiversity and the sustainable use of biological assets.

Working with interested landowners on trail planning and delivery was an action in Ontario’s first biodiversity strategy released in 2005. An activity identified within Biodiversity: It’s In Our Nature is to continue to implement the Ontario Trails Strategy. This activity is listed under the Engage People strategic direction that aims to build community awareness, engagement and a commitment to biodiversity conservation in everyday decision making.


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Accessibility Standards for the Design of Public Spaces: Accessible recreational trails and beach access routes

Accessible recreational trails and beach access routes allow everyone, including people with disabilities to enjoy the natural spaces in our communities.

To help make Ontario trails accessible to people with disabilities, Accessibility Standards for the Design of Public Spaces – a regulation of the Accessibility for Ontarians with Disabilities Act, 2005 – takes a design approach to accommodate the widest range of user abilities. The requirements assist organizations to use planning principles that address accessibility early in the planning stage.

To reflect the diverse nature of Ontario’s population, there are some exemptions intended to strike a balance between trails constructed for a specific experience such as a sport or physical challenge, and trails that offer a leisure experience so everyone, including people with disabilities, can enjoy Ontario’s vast network of recreational trails.

Additionally, the Accessibility Standards for the Design of Public Spaces supports local decision-making by requiring organizations to consult with people with disabilities on various design aspects of trails when building new or redeveloping existing trails.

Snowmobile Trails along the Provincial Highway Right-of-Way Policy

In June 2013, the Snowmobile Trails along the Provincial Highway Right-of-Way Policy was released. The Ministry of Transportation is proceeding with the implementation of this policy.

The policy lifts the moratorium that prohibits the development of new trails that run parallel to provincial highways and replaces it with a policy that provides criteria for considering such requests where there is no reasonable alternative location. The key

http://www.mcss.gov.on.ca/en/mcss/programs/accessibility/built_environment/





http://www.mto.gov.on.ca/english/engineering/management/corridor/Snowmobile-Trails-Policy-en.pdf

http://www.mto.gov.on.ca/english/engineering/management/corridor/Snowmobile-Trails-Policy-en.pdf


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criteria includes: demonstration of need, consideration of alternative locations, sponsorship requirements, preliminary environmental screening and duty to consult with First Nations and Métis.

Consideration will be given to those proposed trails that are supported by a local municipal trail plan, provide a linkage or tie into an existing snowmobile trail system, or provide a connection between two destinations.

#CycleON: Ontario’s Cycling Strategy

#CycleON: Ontario’s Cycling Strategy, which was released in August 2013, outlines a 20-year vision to guide Provincial initiatives to increase the number and safety of cyclists in the province. The high level vision of the document is as follows:

“Cycling in Ontario is recognized, respected and valued as a core mode of transportation that provides individuals and communities with health, economic, environmental, social and other benefits.”

Underneath this vision are five aspirational goals for 2033, as well as the following five “Strategic Directions”, which are areas for further work.

• Promote Awareness and Behavioural Shifts – involving public education to help people understand and appreciate the potential benefits of cycling and best practices in promoting and supporting cycling, as well as encouraging more cycling education in schools.

• Design Healthy, Active and Prosperous Communities – involving a province-wide focus on planning and designing compact, self-sufficient communities where cycling is an integral part of the transportation system.

• Make Highways and Streets Safer – involving cycling-related legislative changes and improvements in road user education and law enforcement to improve cycling safety.

• Improve Cycling Infrastructure – involving developing funding partnerships with other governments to build provincial and municipal cycling routes, funding cycling infrastructure pilot projects, and reducing approval barriers to building cycling infrastructure to help create an environment that is more conducive to cycling.

• Increase Cycling Tourism Opportunities – involving developing and promoting cycle tourism and recreational cycling across the province.


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The Increase Cycling Tourism Opportunities Strategic Direction is likely to be the most complementary to the Ontario Trails Strategy. This includes identifying a province-wide cycling network to build cycling tourism and enhance recreational cycling in the province, promoting Ontario as a premier cycling tourism destination, and improving cycling tourism experiences in Ontario and inter-modal cycling connections. The work to be completed under this Strategic Direction would build on research already completed by the Ministry of Transportation in 2011-12 on the current state of cycle tourism in Ontario and best practices in planning for cycle tourism in jurisdictions across North America and Western Europe.

The specific cycling initiatives that will support the Strategy will be released in future Action Plans (the first of which will be released in the coming months). They will likely include a number of Ontario Public Service wide proposals to build cycling tourism in the province.

The Provincial Policy Statement

Ontario is reviewing the Provincial Policy Statement. The Provincial Policy Statement, issued under the Planning Act, is the statement of the Province’s policies concerning land use planning. The Statement provides policy direction for the entire province, including municipalities, on matters of provincial interest in land use planning and development and recognizes the diversity of Ontario. It is anticipated that the Provincial Policy Statement review will be completed in 2013.

A number of policies that are proposed to be added to or amended in the Provincial Policy Statement would support trails, including enhanced policy direction on active transportation, community connectivity, trail linkages, and healthy, active communities by design.

The activities described above represent just some of the initiatives that contribute to the health and sustainability of Ontario’s trails and that help meet the 52 strategic directions set out in the Ontario Trails Strategy.

http://www.mah.gov.on.ca/Page7243.aspx


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What remains to be done? While the Province, not-for-profit organizations, private organizations and individuals have made significant investments in trails, there is still work to be done to strengthen the Ontario Trails Strategy. Strengthening the Strategy provides an opportunity to address challenges that may still face the trails community, as well as identify new opportunities. Any proposals to strengthen the Strategy should not rely on additional government investments. This section contains a series of questions that we would like you to consider.

Ongoing challenges

A number of trail issues are longstanding. We have heard from the trails community that the issues below continue to be of concern:

• Liability;

• Trespassing;

• Protection of private and public property;

• Conflict among trail users;

• Long-term public access to trails;

• Financial stability for not-for-profit trail groups;

• Support for trail planning, development and maintenance; and,

• Establishing new policies for former rail lines, collaborative planning with transportation corridors and landowner incentives.

This next section of the paper highlights what we heard about each of these issues from people across Ontario and the recommendations they provided on how to address these issues. These recommendations and any other recommendations obtained through the current public consultation process will be considered.

Liability

The Ontario government has heard that liability concerns can discourage public and private property owners from permitting trails across their properties. Canadian provinces deal with liability on trails either through occupiers’ liability legislation or directly in a trails act.

In Ontario, the Occupiers’ Liability Act sets out the standard of care that owners or occupiers of property must provide for those using their land. The Act has a different standard of care for people who enter onto certain lands for free for recreational purposes. An owner or occupier of land owes a duty to free visitors not to intentionally create a danger to the person on his or her property and not to act with reckless disregard of their presence on the land.

However, landowners often refuse access to their property because of the fear of being sued. In addition, some stakeholders have indicated that claims are being settled out of court due to the fear of liability-related costs.


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Trail operators, users and landowners have asked for greater clarity in the Occupiers’ Liability Act. They would like clearer language regarding the scope of the “enter for free” provision. In addition, it has been recommended that the act be amended to indicate that compliance with prescribed industry standards be considered in determining liability. Meeting industry standards could be used as part of a defence against liability claims.

Trespassing

The government has also heard that landowners and trail operators continue to be concerned with trespass issues. These issues include unauthorized uses on the trail, accessing unauthorized surrounding areas, refusing to leave, damage to property, vandalism and inadvertent impacts.

Agricultural and rural landowners sometimes experience significant financial losses due to damages to fencing and farming operations and the transfer of invasive species by foot or vehicle. The latter are a biosecurity concern. There are also incidences of nuisances, such as noise and littering, as well as privacy concerns.

Ontario’s Trespass to Property Act prohibits trespassing and gives occupiers, including landowners and their tenants (e.g. Crown land tenants), clear control over entry to and use of their property. Currently the maximum fine for trespassing under the act is $2,000 and the maximum amount recoverable in damages is $1,000. A ticket for the offence of trespassing will result in a set fine of $50 plus a $15 victim surcharge.

Due to the length and remoteness of some trails, enforcement can be limited. It can also be challenging to identify trespassers. Although the Ontario Provincial Police has specialized trail patrols, coverage is limited. In addition, trail operators have limited resources to deal with trespassers.

Landowners and trail operators have stated that these fines are too low to deter trespassing. They want the maximum fine increased, greater fines for repeat offenders, increased compensation for damage to property, as well as a higher set fine. It has been suggested in the past that the Trespass to Property Act be amended to increase the maximum fine to $10,000.


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Protection of private and public property

In addition to damages caused by trespassing, landowners are concerned with damages caused by irresponsible on and off-trail use, particularly to natural, cultural heritage, agricultural and other sensitive landscapes, including disturbance to wildlife.

Concerns have been raised about the environmental impacts of motorized vehicles on trails, such as compaction, rutting and erosion and the adjacent environment (e.g. damage to vegetation, impairment of water quality). Trail providers and users need to be aware of the Endangered Species Act, 2007 and requirements to protect species at risk and their habitat.

Trail development may also have negative impacts on cultural heritage resources, including built heritage (e.g. significant buildings, remnant built features, bridges), cultural heritage landscapes and archaeological resources. Potentially harmful impacts are similar to those for natural heritage and include soil compaction, rutting, erosion, accelerated wear or even vandalism. Conservation and protection of cultural heritage resources should be a part of sustainability planning for all trail development and maintenance.

Legislative and regulatory development controls exist that may help ensure the impacts to cultural heritage resources are identified and mitigated when planning and developing trails. These controls should be applied consistently by all trail proponents and management authorities.

In addition, it is very important to identify the potential for trails to occupy or affect sites of cultural heritage value or interest because of their associations with Aboriginal communities. Trail proponents should engage with the appropriate communities to ensure any cultural heritage resources associated with the trail are identified, protected, conserved and commemorated. This should include responding to the interests of Aboriginal communities.

Further, many of Ontario’s trails are located on Crown land governed by the Public Lands Act and the Ministry of Natural Resources’ (MNR) Free Use Policy allows for public travel on Crown land, including travel by motorized vehicles (unless MNR has restricted access). Stakeholders have stated that mechanisms need to be developed to encourage Crown land users, including those on trails, to conduct their activities in a manner that is respectful of other users and the environment. Additional regulatory tools may be considered to address potential damage caused by irresponsible use of Crown land.


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Conflict among trails users

Some trails are multi-purpose and used by both motorized and non-motorized users. Motorized trails are important to tourism, especially in the winter and to northern resource industries including forestry and mineral exploration.

However trail access issues can exist between motorized and non-motorized users, and even amongst operators of different types of vehicles within the motorized community. Increased collaboration and planning for trail use and maintenance among user groups may help to deal with issues. The various user groups may also become more aware of their responsibilities as trail users, particularly with regard to the expectations of any private landowners who have provided permission for only specific types of trail use across their property.

Long-term public access to trails

Securing long-term public access to trails remains an issue. Given that trails can be found on both public and private lands, the access issues are different.

Provincial Public Lands

Under the Public Lands Act’s Free Use Policy, trails on Crown land are generally open to the public and Ontario residents are free to enjoy unrestricted access for a variety of recreational pursuits. This consent carries with it the implicit responsibility of all users of public land to undertake their activities in an ecologically sound and socially responsible manner, accepting the risks associated with such activities.

Access to Crown land is dealt with by MNR through land use, resource management and operational planning processes. At times MNR may restrict access for such reasons as protection of public safety, to protect sensitive fish and wildlife populations or to support resource management industry needs. For example, resource industry roads currently used only for recreational purposes may potentially be used for industry purposes again in the future.

Area specific land use policy can provide direction on where trails can and cannot be developed and/or used by the public, define the type of use by restricting certain uses such as motorized vehicle use, or provide direction on timing of use (e.g. motorized vehicle use allowed from December to April). However, criteria for what constitutes a recreational trail are not well defined. For example, as there are many multi-use corridors, it has been suggested that a definition for “recreational land trail” be developed to describe trails that will remain on the landscape for the long term for recreational use.


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It is also important to note that the challenges of trail development may be different in southern Ontario than in northern Ontario. For example, in southern Ontario there exist much smaller parcels of Crown land that service a much larger population of recreation users, thus creating the potential for conflict between competing and often incompatible trail uses, and/or degradation of the trail due to over-use.

Question – Definition

Currently the Strategy defines trails as:

• footpaths with natural surface; • multi-use tracks with a manufactured surface; • on-road bicycle routes; • walkways, boardwalks, sidewalks; • utility corridors or former rail lines; • multi-use trails on Crown land with natural surfaces in natural areas; • forestry and mining access roads that have been designated as a trail; or • waterways or portage routes.

1. Do we need to create a definition for the term “designated recreational trail”? If

yes, what should that definition be?

Private Lands

Securing access to private lands can occur through a variety of mechanisms. Permission can be provided on an informal basis or through a formal agreement.

Permission that is provided on an informal basis presents several challenges as land ownership may change and the new owner may not be willing to provide access. As a result, the trail may require costly re-routing.

As part of the common law rights of private landowners, one type of formal legal agreement they can enter into with other parties is an easement. For trail purposes, an easement, which is registered on the land title, would provide limited access to travel across the property, under mutually accepted conditions. Easements run with the title of the property and the rights conveyed in the easement remain in place should the owner sell or bequeath the property to someone else. Easements generally have a term, such as 20 years, but can also be issued in perpetuity.

In addition to the general common-law easements mentioned above, there are two statutes that set out the terms for special easements that serve specific conservation interests. The two statutes are:

• The Conservation Lands Act: Under the act, a “conservation body” such as a municipality, conservation authority, or not-for-profit organization is able to acquire and hold conservation easements that contribute to provincial conservation and natural heritage protection objectives. Conservation easements are for the purpose of conserving interests on the land (e.g. wetlands).


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• The Ontario Heritage Act: Under the act, municipalities and the Ontario Heritage Trust have authority to acquire and hold easements to protect lands with a cultural heritage value. This act does not currently allow other organizations (e.g. conservation authority, not-for-profit organization) to hold conservation or trails easements under its legislation.

There is no legislation in Ontario that sets out special criteria for easements to support trails. Easements for trails across private lands have special needs. The concerns raised by private property owners and trail managers regarding the need for special easements for trails include:

• Special protection for private landowners who have given permission for trails to cross their property (protection from certain aspects of occupiers’ liability);

• Special measures for private landowners to ensure that trail users do not trespass on their property off-trail (e.g. unique penalties and compliance measures); and,

• Other standardized terms and conditions (e.g. standardized terms for duration of trail easements, options for trail maintenance etc.).

Stakeholders have requested that the Province consider setting out in legislation the option for special easements specifically intended for trails on private land. Trail easements would include standardized terms and conditions to address concerns identified by both private landowners and trail management organizations.

Securing long-term public access to trails is an issue that extends beyond land trails and also applies to waterways and portage routes.

Financial stability for not-for-profit trails groups

Not-for-profit trail groups have consistently stated that Ontario’s trail system needs sustainable funding. An important aspect of planning for trails is finding ways to ensure the long-term financial viability of trails and of the not-for-profit organizations that manage them. Trail organizations rely on government funding, charitable donations, user and membership fees, merchandise sales, fundraisers, sponsorships, in-kind services and in a few cases, permit sales. Government funding has traditionally consisted of project-based one-time grants with limited availability of capital dollars.

The Province recognizes that this kind of funding does not provide long-term stability. However, given the Province’s current economic situation, innovative funding models need to be explored. As such, a study looking at potential sustainable funding models and tools for the not-for-profit motorized trails community is currently underway.

Support for trail planning, development and maintenance

Stakeholders have asked for greater support for trail planning, development and maintenance.

With respect to planning, stakeholders have suggested stronger coordination among provincial ministries on trail-related initiatives. Additionally, stakeholders would like greater input into the process of planning new trails across the province.


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Equally important are training and education opportunities. While trail development and maintenance guidelines have been developed, there is still a demand for these opportunities. Specifically, stakeholders have requested additional training on how to minimize risks and liability exposure regarding trails.

Need for new policies

Stakeholders have asked for new provincial policies on:

1. the use of former rail lines; 2. collaborative planning with transportation corridors; 3. landowner incentives; and 4. land-use planning/using trails to support active living and active transportation.

Use of former rail lines

Trails involve a wide range of landscapes including former rail lines. These offer a natural configuration for trails. Some former rail lines feature industrial heritage sites as well as unique cultural experiences along their course (e.g. the Beltline Trail in Toronto). The Province owns a number of former rail lines that are currently used and managed as trails. Access or lease agreements have been put in place for their use. If the Province surpluses these properties, they are first offered, at a fair market price, to municipalities and not-for-profit organizations that have requested to be informed.

Trail organizations and municipalities have asked that the Province develop a policy on the ownership and use of provincially-owned and future former rail lines. They would like the policy to address the permanent transfer or long-term lease of these properties to interested municipalities or not-for-profit trail organizations for trail purposes. In addition, they would like the policy to address issues related to trail fence cost-sharing, agricultural and wildlife trail crossings, maintaining linear configurations, infrastructure maintenance and environmental clean-up responsibilities. Organizations feel this would provide expanded access to rail lines for trail purposes.

Collaborative planning with transportation corridors

Trail providers and users have asked for a more collaborative approach to trail and highway planning, development and operations in order to better support trails. Trail providers and users have raised concerns regarding access to highway-rights-of-way for cycling, snowmobiling, and off-road vehicle riding, as well as trail connection opportunities via over and under passes.

Landowner incentives

Trail organizations have asked for greater landowner incentives to encourage private property owners to allow the use of their properties for trails in order to stabilize trail routes. Trail organizations and landowners have indicated that incentives may encourage increased access to private lands for this purpose.


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Land-use planning to support active living and active transportation

Finally, stakeholders want healthy active communities and have asked that the Provincial Policy Statement and other land use planning tools incorporate the values of trails and trail linkages. The Provincial Policy Statement is currently under review and careful consideration is being given to the role of trails in recreation and active transportation.

The challenges described above are those that we have heard about. However there may be new challenges to consider. The Province will consider solutions that do not rely on additional investments by the government, including revising policies, regulations or legislation. Please share your thoughts with us by responding to the questions below. These questions are a continuation from page 21.

Questions – Ongoing Challenges:

2. Are the key challenges listed above still relevant today?

3. Of the key challenges listed, which ones need to be addressed first?

4. What are possible solutions for ensuring the sustainability of Ontario’s trails?

5. What other trail issues need to be addressed?

6. What do you think of the proposals outlined above?

7. What other legal and policy proposals should the Province consider?

Opportunities

In addition to addressing longstanding challenges, to strengthen the Strategy we can explore opportunities to:

• Enhance trails tourism;

• Increase the profile of water trails and explore their use;

• Increase trail use through promotion and education; and,

• Conduct trail-specific research to better inform trail-related decision-making.

Promotion

Trail organizations are looking for ways to attract children, youth, women, new Canadians, low income groups and people with disabilities to trails. This will help build a broader trail community. An understanding of the demographics, culture, needs and desires of each identified target group is needed in order to target infrequent users.


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Trails Tourism

Ontario’s outdoors is one of its defining features. Trails capitalize on this asset and attract tourists to Ontario. The 2009 Discovering Ontario: A Report on the Future of Tourism recognized the tourism and economic benefits of trails and the need to invest in them. There continues to be a growing interest in the diverse four-season tourism potential of trails, coastal trails, water trails, heritage river routes and others.

Enhancing trails tourism requires the identification and promotion of specific trails tourism products and opportunities in the province.

Water Trails

Water trails are included as part of the Ontario Trails Strategy and are growing in popularity in other jurisdictions. In Ontario, the Path of the Paddle which is part of the Trans Canada Trail is currently under development.

Stakeholders have expressed an interest in water trails, specifically in looking at the opportunities they present. One idea that has been raised is about the seasonality of water trails, so that summer waterway trails can become winter season motorized snow-vehicle trails.

Research

Trail organizations have indicated that it would be useful to have research on who is using trails, how frequently and when in order to effectively develop, manage and promote trails.

Questions – Opportunities:

8. What key areas need more research?

9. What can the Province and/or trail organizations do to:

a. promote trails more effectively;

b. increase trail tourism;

c. maximize the opportunities associated with water trails; and/or

d. celebrate trails.

10. What trail-related products and opportunities can we market?

11. What additional opportunities can the Province, trail organizations and/or interested stakeholder leverage to support trails?

12. What lessons can be learned from other jurisdictions?


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Conclusion Thank you for taking the time to read and think about the information and questions outlined in this discussion paper. Please consider the questions put forward in this document and submit your comments through the Environmental Registry at www.ebr.gov.on.ca (EBR Registry Number: 011-9565). We will review all comments and submissions and report on what we hear.

Your participation in helping to strengthen the Ontario Trails Strategy will help us make informed and meaningful decisions that will contribute to a world-class system of trails in Ontario.

http://www.ebr.gov.on.ca/


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Appendix A: Ontario Trails Coordinating Committee Membership

External Stakeholders 1. Ontario Trails Council 2. Ontario Federation of Agriculture 3. Nature and Outdoor Tourism Ontario 4. Disabilities Representative 5. Active Transportation Representative 6. Aboriginal Representative 7. Stewardship Representative 8. Conservation Ontario 9. Association of Municipalities of Ontario 10. Ontario Federation of Anglers and Hunters 11. Trails Study Unit, Trent University 12. Federation of Northern Ontario Municipalities* 13. Parks and Recreation Ontario* 14. Ontario Parks Association*

*New member as of 2013.

Ministries and Agencies 1. Tourism, Culture and Sport 2. Attorney General 3. Municipal Affairs and Housing 4. Natural Resources 5. Transportation 6. Northern Development and Mines 7. Agriculture and Food 8. Rural Affairs 9. Finance 10. Infrastructure 11. Citizenship and Immigration 12. Community Safety and Correctional Services 13. Economic Development, Trade and Employment* 14. Ontario Provincial Police 15. Ontario Heritage Trust 16. Ontario Tourism Marketing Partnership Corporation*

*New member as of 2013.


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Information Sources

Bruce Trail Conservancy. (2013). Retrieved from brucetrail.org/pages/volunteer

Canadian Fitness and Lifestyle Research Institute. (2010). 2009 Physical Activity Monitor: Facts and Figures Bulletin 4: Do more opportunities mean more physical activity?

Canadian Fitness and Lifestyle Research Institute. (2007). Ontario Trails Survey.

Norman, Terrance J. on behalf of the National Trails Coalition. (December 2010). Canadian Trails Study: A Comprehensive Analysis of Managed Trails and Trail Uses. Retrieved from www.ntc-canada.ca/pdf/NTC-Canadian-Trails-Study.pdf

Ontario Ministry of Finance. (2012). Ontario Population Projections Update, 2011–2036. Retrieved from www.fin.gov.on.ca/en/economy/demographics/projections/

Tourism and Centre for Education Statistics Division, Statistics Canada. (2010). Travel Survey of Residents of Canada.

Warburton, Darrren E.R et al. (2006). Canadian Medical Association Journal 174(6).

All photos courtesy of the Ontario Tourism Marketing Partnership Corporation unless otherwise indicated.

http://www.fin.gov.on.ca/en/economy/demographics/projections/

Documents

Discussion Paper: Strengthening Ontario's Trails …(Statistics Canada, 2010). Discussion Paper: Strength ening Ontario’s Trails Strategy 6 Environmental Benefits Trails can be an